July 2025: EAT Lunch Takeaways

1. Ensure you have appropriate policies in place.

A cornerstone of effective grievance management is a clear, accessible and consistently applied internal company policy. The employer must include in their staff handbook a standard grievance policy which should detail:

• To whom a grievance should be raised;
• the steps involved in both formal and informal grievances;
• the employee’s right to be accompanied at meetings;
• clear timelines; and
• the employee’s right to appeal.

It is important that the employer demonstrates adherence to due process to avoid potential legal claims.

Tip: Ensure your grievance policy is up-to-date, legally compliant and well-communicated to staff.

2. Follow a clear and lawful procedure

Employers must follow a fair process, as set out in their internal grievance procedure and in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to do so can result in Employment Tribunal awards being increased by up to 25%.

Minimum standards include:

• Investigating the complaint thoroughly and with an open mind.
• Arranging a grievance meeting without unreasonable delay. The ACAS Code suggests 5 days.
• Allowing the employee to bring a companion. The companion may be a trade union representative or another employee.
• Communicating the decision in writing. Is the grievance upheld in full, in part or dismissed?
• Informing the employee of their right of appeal.

3. Treat grievances seriously and train staff to recognise them

It is essential for employers to treat every grievance – whether formal or informal – reasonably and with care. Dismissing concerns without investigation could amount to a breach of trust and confidence and could lead to claims. It is not always obvious that a grievance is being raised. Employers should ensure their managers are trained in both recognising and dealing with grievances.

Tip: Keep a written record of all grievances raised and your responses or actions – even if resolved informally.

4. Maintain Confidentiality

Grievances often involve sensitive matters and/or allegations against colleagues. Breaching confidentiality could damage ongoing working relationships or give rise to claims. Employers must ensure it is made clear to the complainant, the accused and all witnesses, that all discussions regarding the grievance should be kept confidential.

The employer should consider how wide to cast the net during its investigation and only include individuals who may be relevant to the issues raised.

Tip: Ensure all parties are aware of their confidentiality obligations and that any breach may be dealt with under your disciplinary procedure.

5. Be proactive about a resolution, not just the process

Whilst following due process is essential, employers should also be mindful of the need to resolve the issues. In any grievance process, consideration should be given to the way forward, particularly in informal grievances. Options available include mediation or changes to working arrangements and/or the working environment. These can often address the issues constructively without matters escalating, and ensure employees are able to continue working together.

Tip: Consider whether the matters can be resolved between staff involved without the need for a formal process.

6. Deal with any disciplinary issues that arise from the grievance.

Following the grievance outcome, the employer will need to consider if there is a disciplinary case to answer. If so, formal disciplinary proceedings should be started without unreasonable delay. The detail and outcome of the disciplinary procedure is confidential to the person against whom the disciplinary is raised. The individual who raised the initial grievance has no right to know any detail of the subsequent disciplinery process or outcome.

Tip: Consider what action, if any, is needed following the outcome of the grievance process.